441.09 Advanced practice registered nurses; civil liability exemption.
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/wi/chapter-441/441-09-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
441.09 Advanced practice registered nurses; civil liability exemption.
(1)License.
(a)An applicant who satisfies all of the following requirements may apply to the board for initial licensure by the board as an advanced practice registered nurse:
1. The applicant satisfies one of the following criteria:
a. The applicant holds a valid license to practice as a registered nurse issued under s. 441.06
(1),
(1c), or
(1m).
b. The applicant applies concurrently for a license under s. 441.06
(1),
(1c), or
(1m)with the application for a license under this paragraph.
c. The applicant is a registered nurse who holds a multistate license, as defined in s. 441.51
(h), issued by a jurisdiction, other than this state, that has adopted the nurse licensure compact.
2. The applicant provides evidence satisfactory to the board that he or she satisfies one of the following criteria:
a. The applicant has completed a graduate-level or postgraduate-level education program that is approved by the board and that prepares the applicant for the practice of advanced practice registered nursing in one of the 4 recognized roles, and the applicant holds a current certification by a national certifying body approved by the board.
b. On January 1, 2026, the applicant was licensed as a registered nurse in this state and was practicing in a recognized role, and the applicant satisfies additional criteria established by the board by rule under sub.
(a)3. relating to practice, education, or certification.
3. The applicant pays the fee specified under s. 440.05
(1).
4. The applicant provides to the board evidence of any malpractice liability insurance coverage required under sub.
(5).
5. If the applicant is applying to receive a certified nurse-midwife specialty designation under par.
(b)1. , the applicant does all of the following:
a. Provides evidence satisfactory to the board that the applicant is currently certified by the American Midwifery Certification Board or its successor.
b. Files with the board any plan required under sub.
(f).
6. The applicant does not have an arrest or conviction record, subject to ss. 111.321 , 111.322 , and 111.335 .
7. The applicant meets any other criteria established by the board by rule under sub.
(a)3. relating to the education, training, or experience required for each recognized role.
1.
a. Subject to subd. 3. and s. 441.07
(1g), the board shall grant an advanced practice registered nurse license to an applicant the board determines meets the requirements under par.
(a). The board shall also grant a person who is granted a license under this subd. 1. a. one or more specialty designations corresponding to the recognized roles for which the board determines that the person qualifies based on the person’s qualifications under par.
(a).
b. The board shall grant an advanced practice registered nurse license to each individual who, on August 31, 2026, was certified to issue prescription orders under s. 441.16 , 2023 stats. The board shall also grant a person who is granted a license under this subd. 1. b. one or more specialty designations corresponding to the recognized roles for which the board determines that the person qualifies based on the person’s qualifications.
c. The board shall grant an advanced practice registered nurse license to each individual who, on August 31, 2026, was licensed as a nurse-midwife under s. 441.15 , 2023 stats. The board shall also grant a person who is granted a license under this subd. 1. c. a nurse-midwife specialty designation.
2. Each specialty designation granted under subd. 1. shall appear on the person’s advanced practice registered nurse license.
3. The board may not grant an advanced practice registered nurse license to a person applying concurrently for a license under s. 441.06
(1),
(1c), or
(1m), unless the board also grants the person the license under s. 441.06
(1),
(1c), or
(1m).
4. The board may place specific limitations on a person licensed as an advanced practice registered nurse as a condition of licensure.
5. If all of the following apply to a person, a notation indicating that the person may not issue prescription orders shall appear on the person’s advanced practice registered nurse license:
a. The person is granted an advanced practice registered nurse license under subd. 1. a. and satisfies only par.
(a)2. b. but not par.
(a)2. a. , or the person is granted an advanced practice registered nurse license under subd. 1. c.
b. On January 1, 2026, the person did not hold a certificate under s. 441.16
(2), 2023 stats.
(c)On or before the applicable renewal date specified under s. 440.08
(a), an advanced practice registered nurse shall submit to the board on a form furnished by the board a statement giving his or her name and residence, the nursing workforce survey and fee required under s. 441.01
(7), evidence of having satisfied the continuing education requirements under sub.
(4), evidence of any malpractice liability insurance coverage required under sub.
(5), any plan required under sub.
(f), current evidence that the person satisfies each of the requirements under par.
(a)1. , 2. , 5. a. , and 7. that apply with respect to the person, and any other information that the board requires by rule, with the applicable renewal fee determined by the department under s. 440.03
(a). The board shall grant to a person who satisfies the requirements under this paragraph the renewal of his or her advanced practice registered nurse license and specialty designations granted under par.
(b)1. and shall, if the person holds a license under s. 441.06
(1),
(1c), or
(1m), also grant the renewal of that license.
(2)Prescribing authority.
(a)Except as provided in par.
(b), an advanced practice registered nurse may issue prescription orders, subject to the rules promulgated under sub.
(a)1. and 4. , and may provide expedited partner therapy in the manner described in s. 441.092 .
(b)An advanced practice registered nurse may not issue prescription orders if a notation under sub.
(b)5. indicating that the advanced practice registered nurse may not issue prescription orders appears on the advanced practice registered nurse’s license.
(3)License required; use of titles.
1. The holder of a license issued under this section is an “advanced practice registered nurse,” may append to his or her name the title “A.P.R.N.,” and is authorized to practice advanced practice registered nursing.
2. The holder of a specialty designation for a recognized role granted under sub.
(b)1. may append to his or her name the title and an abbreviation corresponding to that recognized role.
1. Except as provided in sub.
(e)and s. 257.03 , no person may practice or attempt to practice advanced practice registered nursing, nor use the title “advanced practice registered nurse,” the title “A.P.R.N.,” or anything else to indicate that he or she is an advanced practice registered nurse unless he or she is licensed under this section.
2. Except as provided in s. 257.03 , no person may do any of the following:
a. Use the title “certified nurse-midwife,” the title “C.N.M.,” or anything else to indicate that he or she is a certified nurse-midwife unless he or she has been granted a certified nurse-midwife specialty designation under sub.
(b)1.
b. Use the title “certified registered nurse anesthetist,” the title “C.R.N.A.,” or anything else to indicate that he or she is a certified registered nurse anesthetist unless he or she has been granted a certified registered nurse anesthetist specialty designation under sub.
(b)1.
c. Use the title “clinical nurse specialist,” the title “C.N.S.,” or anything else to indicate that he or she is a clinical nurse specialist unless he or she has been granted a clinical nurse specialist specialty designation under sub.
(b)1.
d. Use the title “nurse practitioner,” the title “N.P.,” or anything else to indicate that he or she is a nurse practitioner unless he or she has been granted a nurse practitioner specialty designation under sub.
(b)1.
(3m)Practice requirements and limitations.
1. An advanced practice registered nurse licensed under this section may, except as provided in subd. 2. and par.
(b), practice advanced practice registered nursing only in collaboration with a physician or dentist.
2. Subdivision 1. does not apply to an advanced practice registered nurse with a certified nurse-midwife specialty designation.
(b)An advanced practice registered nurse to whom par.
(a)1. applies may, except as provided in pars.
(bg)1. and
(c), practice advanced practice registered nursing in a recognized role without being supervised by or collaborating with, and independent of, a physician or dentist if the board verifies, upon application of the advanced practice registered nurse, that the advanced practice registered nurse satisfies all of the following:
1. The advanced practice registered nurse has completed 3,840 hours of professional nursing in a clinical setting. Clinical hours completed as a requirement of a nursing program offered by a qualifying school of nursing under s. 441.06
(c)may be used to satisfy the requirement under this subdivision. Hours completed to satisfy a requirement of an education program described in sub.
(a)2. a. may not be used to satisfy the requirement under this subdivision.
2. At least 24 months have elapsed since the advanced practice registered nurse first began completing the clinical hours required by a nursing program described under subd. 1.
3. The advanced practice registered nurse has completed 3,840 clinical hours of advanced practice registered nursing practice in that recognized role while working with a physician or dentist who was immediately available for consultation and accepted responsibility for the actions of the advanced practice registered nurse during those 3,840 hours of practice. The advanced practice registered nurse may substitute additional hours of advanced practice registered nursing working with a physician or dentist described under this subdivision to count toward the requirement under subd. 1. Each such additional hour shall count toward one hour of the requirement under subd. 1.
4. At least 24 months have elapsed since the advanced practice registered nurse first began practicing advanced practice registered nursing in that recognized role as described under subd. 3.
(bd)For purposes of par.
(b)3. , hours of advanced practice registered nursing practice may include the lawful practice of advanced practice registered nursing outside this state or the lawful practice of advanced practice registered nursing in this state prior to September 1, 2026.
1. An advanced practice registered nurse may provide treatment of pain syndromes, as defined in s. 50.60
(5), through the use of invasive techniques only while working in a collaborative relationship with a physician who, through education, training, and experience, specializes in pain management. Except as provided in subd. 2. , this subdivision applies regardless of whether the advanced practice registered nurse has qualified for independent practice under par.
(b).
2. Except as provided in par.
(c), subd. 1. does not apply to an advanced practice registered nurse who is providing treatment of pain syndromes, as defined in s. 50.60
(5), through the use of invasive techniques in a hospital, as defined in s. 50.33
(2), or in a clinic associated with a hospital, and who has qualified for independent practice under par.
(b).
3. Except as provided in par.
(c), subd. 1. does not apply to an advanced practice registered nurse who has qualified for independent practice under par.
(b)and has privileges in a hospital, as defined in s. 50.33
(2), to provide treatment of pain syndromes, as defined in s. 50.60
(5), through the use of invasive techniques without a collaborative relationship with a physician.
(bm)For purposes of pars.
(a)1. and
(bg)1. , a collaborative relationship is a process in which an advanced practice registered nurse is working with a physician or dentist, in each other’s presence when necessary, to deliver health care services within the scope of the advanced practice registered nurse’s training, education, and experience. The advanced practice registered nurse shall document such a collaborative relationship.